ABUBAKAR SHAIKH USUF Vs. YASIN MIYA ABBAS SHAIKH

JUDGEMENT

(1.) THIS second appeal under Section-100 of Code of Civil Procedure, 1908 is directed against judgment and decree passed by Additional District Judge, Sawantwadi in appeal. The Jt.Civil Judge, Sr.Division, Ratnagiri in Regular Civil Suit No.50/82 filed by the Respondent herein (Original Plaintiff) negatived the Plaintiff's claim in the suit. The Original Plaintiff challenged the judgment and decree passed by the trial court on 25-2-86 in appeal, and, the Additional District Judge, Sawantwadi reversed the judgment and decree passed by the trial court and decreed the Plaintiff's suit for possession of the suit property.

(2.) THE Original Plaintiff filed the suit against the appellants/defendants on the grounds that 2/7th part of House No.7-G situated in Survey No.148, Hissa No.10-B was purchased by him by sale-deed dated 16-5-80. Thereafter on 4-3-82 the Plaintiff purchased remaining 5/7th share form Maryambi. The Defendants no.1 and 2 had no concern with the property and since Plaintiff had become owner and was entitled to possession in respect of the disputed property, he claimed possession against the Defendants. The Defendants traversed the pleadings made in the plaint and denied that Plaintiff purchased the disputed property by two sale-deeds as stated by him at any point of time. The Defendants also set-out the defence that the sale-deed dated 4-3-82 was void and not binding since it was got executed by exercising duress on Maryambi. The Defendants thus pleaded in the written statement that their possession in the property in dispute was legal since they were staying with their mother who was owner of 5/7 share of the disputed property.

(3.) -3-82 besides other documents. On the other hand, the Defendants examined Defendant no.1 as DW-1, Ganesh Babu Bhatgaonkar as DW-2 and also produced other documents. 4.As observed above, the trial court dismissed the suit but on appeal being taken by the Plaintiff, the judgement and decree passed by the trial court has been set-aside and Plaintiff's suit decreed.